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N.Y. appeals court won't hear Rather's case

CBS anchor's breach-of-contract lawsuit dismissed last fall

NEW YORK -- The New York appeals court on Tuesday decided not to hear an appeal by former CBS news anchor Dan Rather in his breach-of-contract lawsuit against CBS Corp.

A lower court had decided in the fall to dismiss Rather's claim. The State of New York Court of Appeals said on its Web site Tuesday that the "motion for leave to appeal (was) denied with one hundred dollars costs and necessary reproduction disbursements." The Wall Street Journal had first reported the decision.

Rather alleged that CBS violated his contract by failing to provide him enough airtime on "60 Minutes" after removing him from CBS "Evening News" amid a controversy over a report about President George W. Bush's service in the Texas Air National Guard.

"We're pleased by the result," a CBS spokeswoman said.

In a statement, Rather expressed disappointment with the court order, calling it "a grave miscarriage of justice."Reuters contributed to this report.